CITY OF GOSNELLS
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FENCING LOCAL LAW 2017
12 June 2017 GOVERNMENT GAZETTE, WA 2871
LOCAL GOVERNMENT ACT 1995
CITY OF GOSNELLS
FENCING LOCAL LAW 2017
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Purpose and effect
1.4 Application
1.5 Repeal
1.6 Definitions
1.7 Relationship with other laws
PART 2—SUFFICIENT FENCES
2.1 Meaning of ‘sufficient fence’
2.2 Erecting a fence
PART 3—FENCING MATERIALS AND REQUIREMENTS
3.1 Fences that do not require a building permit
3.2 Prohibited fencing materials
3.3 Gates in boundary fences
3.4 Fencing materials requiring written approval
3.5 Masonry fences
PART 4—OBJECTIONS AND APPEALS
4.1 Objections and appeals
PART 5—OFFENCES AND PENALTIES
5.1 Offences and general penalties
5.2 Infringements and modified penalties
5.3 Form of infringement notices
SCHEDULE 1—SPECIFICATIONS FOR A SUFFICIENT FENCE
ON A RESIDENTIAL LOT
SCHEDULE 2—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A
COMMERCIAL LOT OR AN INDUSTRIAL LOT
SCHEDULE 3—SPECIFICATIONS FOR A SUFFICIENT FENCE
ON A RURAL LOT
SCHEDULE 4—PRESCRIBED OFFENCES
12 June 2017 GOVERNMENT GAZETTE, WA 2873
LOCAL GOVERNMENT ACT 1995
CITY OF GOSNELLS
FENCING LOCAL LAW 2017
Under the powers conferred on it by the Local Government Act 1995 and under all other powers
enabling it, the Council of the City of Gosnells resolved on 23 May 2017 to make the following local
law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the City of Gosnells Fencing Local Law 2017.
1.2 Commencement
This local law commences 14 days after the day on which it is published in the Government Gazette.
1.3 Purpose and effect
(1) The purpose of this local law is to prescribe a sufficient fence and the standard for the construction
of fences throughout the district.
(2) The effect of this local law is to establish the minimum requirements for fencing within the
district.
1.4 Application
This local law applies throughout the district.
1.5 Repeal
The City of Gosnells Local Laws Relating to Fencing 2000 published in the Government Gazette on 9
August 2000 and amendments published in the Government Gazette on 4 September 2000 are
repealed.
1.6 Definitions
(1) In this local law—
Act means the Dividing Fences Act 1961;
AS/NZS means an Australian or Australian/New Zealand Standard as published by Standards
Australia and as amended from time to time;
barbed wire fence means a wire or strand of wires having small pieces of sharply pointed wire
twisted around it at short intervals;
boundary fence means a fence, other than a dividing fence, that separates private land from
land that is local government property or a thoroughfare;
building permit has the meaning given to it in the Building Act 2011;
commercial lot means a lot where a commercial use—
(a) is or may be permitted under the district planning scheme; and
(b) is or will be the predominant use of the lot;
district means the district of the local government;
district planning scheme means a local planning scheme of the local government made under
the Planning and Development Act 2005;
dividing fence has the meaning given to it in the Act;
electrified fence means a fence carrying or designed to carry an electric charge;
fence means any structure, not including a retaining wall, used or functioning as a barrier,
irrespective of where it is located and includes any gate;
height in relation to a fence means the vertical distance between—
(a) the top of the fence at any point; and
(b) the ground level or, where the ground levels on each side of the fence are not the same,
the higher ground level, immediately below that point;
2874 GOVERNMENT GAZETTE, WA 12 June 2017
industrial lot means a lot where an industrial use—
(a) is or may be permitted under the district planning scheme; and
(b) is or will be the predominant use of the lot;
local government means the City of Gosnells;
local government property has the meaning given to it in the Local Government Act 1995;
lot has the meaning given to it in the Planning and Development Act 2005;
primary street means the sole or principal thoroughfare that provides access to the major entry
(front door) to the dwelling;
public open space means land used or intended for the purposes of public recreation;
razor wire fence means a coiled strong wire with pieces of sharp cutting edges set across it at
close intervals;
Regulations means the Local Government (Functions and General) Regulations 1996;
residential lot means a lot where a residential use—
(a) is or may be permitted under the district planning scheme; and
(b) is or will be the predominant use of the lot;
retaining wall means any structure which prevents the movement of soil in order to allow
ground levels of different elevations to exist adjacent to one another;
rural lot means a lot where a rural use—
(a) is or may be permitted under the district planning scheme; and
(b) is or will be the predominant use of the lot;
Schedule means a Schedule to this local law;
street boundary means the boundary between the land comprising the primary street and the
land that abuts thereon;
street setback means the horizontal distance between the street boundary and a building,
measured at right angles (90 degrees) to the street boundary;
street setback area means the area between the street boundary and the street setback;
sufficient fence means a fence described in clause 2.1;
thoroughfare has the meaning give to it in the Local Government Act 1995, but does not include
a private thoroughfare which is not under the management or control of the local
government;
visually permeable has the meaning given to the term in State Planning Policy 3.1—Residential
Design Codes.
1.7 Relationship with other laws
(1) In the event of any inconsistency between the provisions of a district planning scheme and the
provisions of this local law, the provisions of the district planning scheme are to prevail.
(2) Nothing in this local law affects the need for compliance, in respect of a fence, with—
(a) any relevant provisions of a district planning scheme; and
(b) any relevant provisions that apply if a building permit is required for that fence under the
Building Act 2011 or Building Regulations 2012.
PART 2—SUFFICIENT FENCES
2.1 Meaning of ‘sufficient fence’
(1) For the purposes of the Act, a dividing fence is a sufficient fence in a residential area if it is
constructed on or near the boundary between a residential lot and—
(a) another residential lot;
(b) a commercial lot;
(c) an industrial lot;
(d) a rural lot; or
(e) public open space,
and is constructed and maintained to a minimum standard in accordance with the specifications in
Schedule 1.
(2) For the purposes of the Act, a dividing fence is a sufficient fence in an industrial or commercial
area if it is constructed on or near the boundary between a commercial lot or an industrial lot and a—
(a) commercial lot;
(b) industrial lot;
(c) rural lot,
and is constructed and maintained to a minimum standard in accordance with the specifications in
Schedule 2.
(3) For the purposes of the Act, a dividing fence is a sufficient fence in a rural area if it is constructed
on or near the boundary between two or more rural lots and is constructed and maintained to a
minimum standard in accordance with the specifications in Schedule 3.
12 June 2017 GOVERNMENT GAZETTE, WA 2875
2.2 Erecting a fence
Notwithstanding any other provisions in this local law, a person must not erect a dividing fence or
fence that is not a sufficient fence, unless it is designed by a suitably qualified structural engineer
and constructed in accordance with that design.
PART 3—FENCING MATERIALS AND REQUIREMENTS
3.1 Fences that do not require a building permit
Fences that do not require a building permit are dealt with in the Building Regulations 2012.
3.2 Prohibited fencing materials
(1) In constructing a fence a person must not use—
(a) broken glass or any other potentially harmful projections or material;
(b) material that is likely to collapse or fall, or part of which is likely to collapse or fall, from any
cause.
3.3 Gates in boundary fences
A person shall not install a gate in a boundary fence which does not open—
(a) into the lot; or
(b) by sliding parallel on the inside of the fence, which it forms part of, when closed,
without first obtaining the written approval of the local government.
3.4 Fencing materials requiring written approval
(1) A person shall not construct a—
(a) barbed wire fence;
(b) electrified fence; or
(c) razor wire fence,
without first obtaining the written approval of the local government.
(2) Subclause (1a) does not apply to an Industrial, Commercial or Rural lot where the following
conditions are met—
(a) on an Industrial or Commercial Lot where the barbed wire is carried on posts and the bottom
row of wire is not nearer than 2000mm to the ground level.
(b) if the posts which carry the barbed wire referred to in subclause (2a) are angled towards the
outside of the lot bounded by the fence the face of the fence must be set back from the lot
boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials
do not encroach on adjoining land.
(c) an owner or occupier of a Rural Lot shall not place or affix barbed wire upon a fence on that
Lot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire
is fixed to the side of the fence posts furthest from the thoroughfare or other public place.
(3) Approval for an electrified fence will not be granted on an Industrial or Commercial lot unless the
fence complies with AS/NZS 3016:2002—Electrical Installations—Electric Security Fences.
(4) Subclause 1(b) does not apply to a Rural lot where the electrified fence complies with AS/NZS
3016:2002—Electrical Installations—Electric Security Fences, and any wire that carries an electric
charge is located at least 300mm away from all boundaries on the lot.
(5) Any barbed wire fence, electrified fence or razor wire fence shall be constructed in accordance with
the conditions of written approval issued by the local government.
3.5 Masonry fences
A masonry fence must be constructed in accordance with AS3700-2011 Masonry structures.
PART 4—OBJECTIONS AND APPEALS
4.1 Objections and appeals
Where the local government makes a decision under this local law the provisions of Division 1 of Part
9 of the Local Government Act 1995 and regulation 33 or the Regulations shall apply to that decision.
PART 5—OFFENCES AND PENALTIES
5.1 Offences and general penalties
A person who fails to comply with, or who contravenes any provision of this local law commits an
offence and is liable on conviction to a penalty of not less than $250 and a maximum penalty of $5,000
and, if the offence is a continuing offence, to a maximum daily penalty of $500 for every day or part of
a day during which the offence continues.
5.2 Infringements and modified penalties
(1) An offence against a clause specified in Schedule 4 is a prescribed offence for the purposes of
section 9.16(1) of the Local Government Act 1995.
(2) The amount appearing in the final column of Schedule 4 directly opposite a prescribed offence in
that Schedule is the modified penalty for that prescribed offence.
2876 GOVERNMENT GAZETTE, WA 12 June 2017
5.3 Form of infringement notices
For the purposes of this local law—
(a) the form of the infringement notice given under section 9.16 of the Local Government
Act 1995 is that of Form 2 in Schedule 1 of the Regulations;
(b) the form of the notice given under section 9.20 of the Local Government Act 1995 withdrawing
an infringement notice is that of Form 3 in Schedule 1 of the Regulations.
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Schedule 1
LOCAL GOVERNMENT ACT 1995
City of Gosnells
Fencing Local Law 2017
SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT
Where a fence separates a residential lot from another residential lot, a commercial lot, an
industrial lot or a rural lot, a sufficient fence is a fence constructed of non permeable materials
designed specifically for use as a fence, or masonry, and installed in accordance with the
manufacturer’s specifications to a height of 1.8 metres.
Where a fence separates a residential lot from public open space, subject to clause 3, a sufficient
fence is a fence constructed of materials designed specifically for use as a fence, or masonry, and
installed in accordance with the manufacturer’s specifications such that at least 50% of the fence is
visually permeable.
Where a residential lot abuts public open space on more than one side, a sufficient fence is a fence
constructed of materials designed specifically for use as a fence, or masonry, and installed in
accordance with the manufacturer’s specifications provided that the fencing on the lot that abuts
public open space is visually permeable to a length equivalent to at least 50% of the length of the
longest boundary that abuts public open space.
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Schedule 2
LOCAL GOVERNMENT ACT 1995
City of Gosnells
Fencing Local Law 2017
SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT
OR AN INDUSTRIAL LOT
A sufficient fence is a fence that meets the specifications in Schedule 1, or a chain link fabric fence
erected in accordance with AS1725.1-2010 Chain link fabric fencing with a height of 1.8 metres.
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Schedule 3
LOCAL GOVERNMENT ACT 1995
City of Gosnells
Fencing Local Law 2017
SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT
A sufficient fence is a fence that meets the specifications in Schedules 1 or 2 but to a height of at least
1.2 metres, or a fence of post and wire construction erected at a height of at least 1.2 metres and
containing a minimum of 5 wires, with the lower wires spaced closer together than the higher wires
so as to prevent smaller stock passing through and each wire connected to posts in all cases.
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Schedule 4
LOCAL GOVERNMENT ACT 1995
City of Gosnells
Fencing Local Law 2017
PRESCRIBED OFFENCES
[Clause 5.2]
Clause Description
Modified
Penalty
$
2.2 Erecting a fence that is not a sufficient fence 200
3.2(1)(a) Affix, or use, any broken glass or harmful projections or material on
a fence 250
12 June 2017 GOVERNMENT GAZETTE, WA 2877
Clause Description
Modified
Penalty
$
3.2(1)(b) Use material that is likely to collapse or fall from any cause 250
3.3(a) Erect a gate in a fence not opening into the lot 200
3.3(b) Erect a gate in a fence not sliding parallel and inside of fence 200
3.4(1) Erect a fence using barbed wire, razor wire, or electrified fence
without written approval of the local government 250
3.4(2) Failing to comply with a condition for the erection of a barbed wire
fence 250
3.5 Construct a masonry fence not in accordance with AS3700-2011
Masonry Structures 200
Dated 26 May 2017.
The Common Seal of the City of Gosnells was affixed by authority of a resolution of the Council in the
presence of—
OLWEN SEARLE, JP, Mayor.
IAN COWIE, PSM, Chief Executive Officer.
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